Judge Won't Open Records Of Crown Heights Inquiry

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September 7, 1991, Page 001027Buy Reprints The New York Times Archives

The Brooklyn District Attorney's extraordinary request for the release of the deliberations of the Crown Heights grand jury was denied yesterday by a judge who said that the rights of grand jury witnesses must first be protected.

The District Attorney, Charles J. Hynes, had sought the release of the transcript of the grand jury, which voted on Thursday not to file criminal charges in the death of a black boy killed by a car driven by a Hasidic man. He argued that the records could help defuse anger among blacks and prevent a recurrence of the racial violence that followed the death of the 7-year-old, Gavin Cato, on Aug. 19.

But Justice Theodore Jones said he would not consider releasing the records, which are almost always kept secret, unless the 31 witnesses who testified agreed to waive their right to privacy.

"I understand the potential of the situation," Justice Jones said during a hearing in State Supreme Court in Brooklyn. "But these witnesses that testified in the grand jury have rights, too, rights that are jealously protected." Jurors Given Chance to Object

Instead, Justice Jones gave the District Attorney's office until Sept. 16 to notify all the witnesses, obtain signed waivers or arrange for any objections to be presented to the court.

The prosecution of the driver, Yosef Lifsh, became a central demand in the violent, racially charged demonstrations and rioting in the aftermath of the accident, which killed Gavin and seriously injured his 7-year-old cousin, Angela Cato.

Mr. Lifsh left the country after the grand jury decision on Thursday, his lawyer, Barry I. Slotnick, said yesterday. Mr. Lifsh, who testified before the grand jury on Thursday, left "just so that the dust can settle," Mr. Slotnick said, and to protect the Lubavitch Hasidic community and himself from further recrimination and fear. The lawyer would not say where Mr. Lifsh went. Driver's Lawyer Fears Precedent

Mr. Slotnick added that "it is important that the community sees that this grand jury acted fairly and properly." But he expressed concern that unsealing the grand jury transcript could set an ill-advised precedent, especially in cases where there is no indictment.

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In what Mr. Slotnick described as a public statement by Mr. Lifsh -- but not a grand jury transcript -- Mr. Lifsh said that he had steered his car into the wall to avoid hitting the children. The statement first appeared on WNBC-TV Thursday night and in The New York Post yesterday.

"Unfortunately, the car did not come to a full stop upon impact with the building," he said, "but rather slid to the left along the wall until it reached the children."

After the collision, he went on, "the first thing I did was to try and lift the car" to free the two children beneath it, but a crowd turned on him, beating and robbing him.

"From the moment this tragedy befell the Cato family, I have wanted to personally extend my condolences and deep regrets to them," he said. "I have been told not to do this -- that it is unsafe to do this."

The assistant district attorneys at yesterday's proceedings, Helman Brook and Michael Gore, said they would comply with the judge's ruling.

A spokesman for Mr. Hynes, Patrick Clark, said later that it was impossible to predict how many of the witnesses might object to having their testimony released to the public or whether Justice Jones would refuse to unseal the deliberations if only a few objected.

"This is sort of uncharted waters procedurally," Mr. Clark said.

Mr. Hynes's request had been supported by Mayor David N. Dinkins, who submitted an affidavit to the court at Mr. Hynes's request.

A version of this article appears in print on September 7, 1991, on Page 1001027 of the National edition with the headline: Judge Won't Open Records Of Crown Heights Inquiry. Order Reprints|Today's Paper|Subscribe